bill: this fall make sure you check the 50th year anniversary marking death of john f. kennedy. that's why we're in washington. we'll see you back there tomorrow. martha: we'll see you then. "happening now" starts right now >> brand new stories and breaking news. jon: big questions how the u.s. will handle the growing crisis in syria. u.s. navy destroyer heading toward the eastern mediterranean. that will bring total of the destroyers to five. one of america's closest allies says a military strike is not says a military strike is not . one recalling the obamacare process a train wreck. sometimes you need the burger fast. could a strike get between you and your big mack today? emac has the answer. e its is "happening now."

10. jon: good morning to you the white house is working to bolster case on syria. there could be days before there is any action. hello, i'm jon scott. >> jon, great to be with you. i'm alisyn camerota in for jenna today. u.s. officials gather intelligence to justify military action against the assad regime. jon: just yesterday president obama said there is no doubt the syrian government carried out last week's chemical attack killing hundreds of people. he added, he has not made a decision yet on authorizing a strike. u.n. inspectors are collecting evidence at the site of the alleged attack are expected to leave syria on saturday and report their findings to u.n. secretary-general ban ki-moon. britain said it will hold off

joining any military efforts against syria until that team releases its findings. it is not yet clear if the united states will wait. right now a number about u.s. lawmakers are urging congressional approval before any action is taken. syria denies gassing civilians, claiming rebels were behind the attack. according to syria's state news agency, president assad says syria will defend itself against any aggression. live team fox coverage. driven give is live at the pentagon. first to chief white house correspondent ed henry at the white house. what is the latest we're hearing from the president on all this, ed? >> reporter: good morning, jon. a huge day here at the white house as you suggest because we expect early this afternoon the president and his aides will release some intelligence publicly that will show justification for moving forward in the days ahead with a u.s. military strike against syria. in the last few moments, an interesting development one ever president's key allies, british prime minister david cameron

went before his parliament. he was saying directly in his words, no smoking piece of evidence to prove the syrian government was hyped this chemical attack. he said in the end it will be a judgment call for the u.s., u.k., and others whether to move forward with a military strike. he also suggested as you did a moment ago, this could take a few more days because david cameron was talking about some more delays. take a listen. >> it is this house that will decide what steps we next take, if you agree to the motion i have set down, no action can be taken until we have heard from the u.n. weapons inspectors, until there's been further action at the united nations, and another vote in this house. >> reporter: so if you go through all of that, the u.n. inspectors are not expected to leave syria until at least saturday. david cameron laying out other conditions best u.n., before the u.k. parliament. the president, meanwhile, sat down, late yesterday, with pbs. did a television interview. he was leaning forward on the possibility of military action,

talking about a so-called, shot across the bow at syrian president bashar al-assad. although republican senator john mccain said this can not be just a symbolic shot across the bow. it has to be something that helps the rebels in the long run. take a listen. >> if we are saying in a clear and desigh sieve but very limited way, we send a shot across the bow saying stop doing this, that can have a positive impact on our national security over the long term and may have a, positive impact in the sense that chemical weapons are not used again on innocent civilians. >> my view is what the president should be saying is that, now he has committed war crimes and we will give the free syrian army what they need. >> reporter: john mccain talking about war crimes by president assad in syria. bottom line is, the next step in all of this, 6:00 p.m. eastern time tonight, we're expecting a

teleconference where some of the president's top national security aides will be briefing key lawmakers about exactly what intelligence they have to justify a potential attack, jon. jon: i know there have been complaints from capitol hill about a lack of consultation on all of this but that is really not just the republicans. it is coming from both sides, right? >> reporter: that's right. we've seen democratic lawmakers like jerry nadler from new york, very liberal member, senior member of the house judiciary committee, that this would go against the u.s. constitution if the president movings forward with military action without explicit authorization by the u.s. congress. john boehner, republican speaker of house sent a letter to the president last night he needs to explain this at very least, if not authorization at least explain it to the american people. boehner writing it is essential you provide a clear unambiguous explanation how military action which is means, not a policy will secure u.s. objectives and how it fits into your overall policy in the middle east and

elsewhere. we have not heard from the president. we heard from vice president and others in terms of extensive remarks to the american people, beyond interview with pbs and last week with cnn. david axelrod long time advisor said if the president moves forward with military action we will hear from him and explain the rationale for such military action, jon. jon: critical days from the building behind you at the white house. ed henry there. >> if the president decides to take military action against syria the initial blows would likely be delivered by u.s. navy destroyers. four of those are in the mediterranean right now and we just received word that a fifth destroyer, the uss stout, is moving into position as we speak. each warship is capable of carrying up to 90 tomahawk missiles that could be used in a strike. there are a number of other ship and aircraft in the region and nearby that could be used to carry out limited strikes. our jennifer griffin is live at the pentagon. so, jennifer, what do we know

about the preparation for any military action? >> reporter: well, alisyn a senior u.s. defense official explains the uss stout was on a routine mission in the eastern mediterranean and has now joined the four other u.s. navy destroyers. she will stay in position for a few days and overlap for a few days but will eventually trade out with one of those destroyers. so eventually they will be back down to four. but all of this coming at a very interesting time. we also received last night that the u.s. was going to keep a second aircraft carrier in the persian gulf region. that is not in the mediterranean off the coast of syria but over closer to iran and those vital straits of hormuz and the indian ocean. they will keep the uss truman which just arrived to replace the uss nimitz. both those aircraft carriers will stay in position, just a symbol how concerned the pentagon is about destablizing the middle east at this moment in time. also, it is safe to say that all of the television screens here

in the pentagon are focused on one thing right now. they are watching the debate in the british parliament. that debate and the potential for it to delay the timeline for a military strike against syria with the u.s.'s main ally, the u.k., now looking like it would not be in a position to help in the coming days, that has people very concerned here in the pentagon. the uss trafalgar is a submarine likely to be used by the british if there were a strike on syrian sites. again a lot of watch, watching and waiting right now here at the pentagon. >> yeah, i bet there is. there is also word that russian warships are moving into the mediterranean. what do we know about that and reaction from the pentagon? >> reporter: there are two russian destroyers moving into the mediterranean. they are often positioned in the mediterranean. less concern here in the pentagon about those russian warships. in fact they were somewhat expected. they expected the russians would do that. don't forget russians also have

soldiers on the ground who man those air defense systems inside syria. so russians have been a part of the mix and part of the planning for some time. >> thanks so much for the update from the pentagon there, jennifer griffin. thank you. jon: for more on the potential military strike on syria, let's bring in michael zing, former senior director of middle easten affairs at the national security council. if you were advising the president, michael what would you tell him? >> for any type of military action you want to make sure you have a clear objective and a strategy to achieve it. here the president essentially cornered himself in a sense, saying despite all the other strategic interests we have at play in syria, u.s. action will be justified on the basis of an accusation that the syrian regime used chemical weapons. he has to prove to a skeptical public and skeptical congress and skeptical allies that he has clear evidence this has happened and then he's got to convince

them in fact this is worth doing even if he can prove that case. jon: he talked about a shot across the bow. is that sufficient if we're going to take military action, is that the kind of thing we want to do? >> well i think again you want to make sure you're accomplishing something that is worth it and possible to accomplish. here i would say there are lots of threats to american strategic interests. those are not really going to be addressed by a shot across the bow. things like foreign fighters, things like the jihaddist prince, spillover in the region, those are things all as a result of conflict. until the conflict ends they will not go away regardless of the kind of punitive action. so i think the question here is, is this the right objective to have and can we frankly even deter assad from using chemical weapons or anyone else using chemical weapons as long as this conflict grinds on? jon: there seems to be more question about the fact whether it was his side that used the chemical weapons. >> in many way, jon, that question is sort of beside the

point. the fact that chemical weapons are used in way in this conflict demonstrates how dangerous to the conflict is to american interests and american allies in the region. again the argument we need to somehow punish assad for using chemical weapons, that should be our objective as opposed to addressing much wider strategic threats to our interest the conflict poses has gotten the president into this corner he is in. jon: colonel ralph peters was on fox this morning and made essentially the point that 100,000 people died by conventional arms, bullets and bombs and so forth, why the press all of a sudden to retaliate against the syrian regime for using poison gas that killed a thousand people? >> well i think that's a legitimate point. this conflict has had not only a huge humanitarian toll which you referenced, jon, but again major threats to our interests and our allies interests. the case now being made is a slightly odd one.

we shouldn't try to end the conflict. we shouldn't try to resolve the conflict or threats our interest. we should police the conflict if the way that it is waged. i think that is a hard argument to sell to the publics in the u.s. and u.k. who are already quite skeptical of this. keep in mind they're skeptical in part because of relentless criticism of the iraq war intelligence which president and this administration helped fuel. jon: michael singh, formerly with the national security council. michael, thank you. >> thank you. >> well the president has been telling americans the new health care law will give them affordable medical care but there are questions now about how one state plans to spend the money intended to get obamacare up and running. and across the country today, getting lunch may not be as easy as swinging up to the drive-through. some fast food workers are going out on strike. we'll tell you why. so then the little tiny chipmunks go all the way up...

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jon: some international headlines we're watching this hour, japan's regulator said impact of radioactive water leaking from a damaged nuclear plant is unknown but it is monitoring the situation closely. a massive earthquake and tsunami damaged the fukushima nuclear plant as you remember in 2011. in israel thousands are crowding gas mask distribution centers preparing for a potential conflict with syria. this video is from haifa where officers are deployed to maintain order after more than 5,000 people crowded lines waiting for protective kits. parts of china are suffering from the worst flooding in more than a century. military vessels are on patrol preparing for mass evacuations and crews reinforcing dikes. it is feared they could be breached at any moment.

85 people have been killed in all this flooding. alisyn: there is new controversy over the health care law. the point of the law is to give more americans access to affordable medical care but a loophole is allowing illinois to hire some companies without taking any bids. and, illinois decided to farm out medicaid work worth 10 of millions of dollars to a company already under federal investigation for business practices in other states. fox's mike tobin has mower on this. mike, this is running into can controversy before the affordable care act is even implemented. >> reporter: exactly. as the infrastructure is created, alisyn, to make obamacare reality a deal was struck between illinois and michigan that could allow $190 million of worth of contracts to be awarded without bids. the contracts go to a company that has its share of black marks dealing with other states. as you know millions and millions of medical cases will need to be tracked and processed as the affordable care act goes

into effect and that creates a need for a giant computer system, the medicaid management information system. the contracts to build and run the system go to client network services, incorporated or cnsi out of gaithersburg, maryland. the state of michigan had aexis. they formed a partnership with the michigan department of family health. the procurement code in illinois allows health and family services to bypass the bidding process with an intergovernmental agreement. >> we have up to $190 million of contracts with no transparency and with no bidding. if that's legal in illinois, it shouldn't be and to the extent that's happening across the country the citizens need to know it. >> reporter: governor bobby jindal of louisiana terminate ad contract with cnsi because a federal grand jury and the state attorney general were investigating ethics violations regarding the procurement

office. csni sued. the group open book watchdog, the process in washington state came in with price drag almost 2 1/2 times the contract award. csni nearly bankrupted the program in state of maine. csni also sued south dakota. illinois department of health and family services says the problems with that company were well-known. still the company was vetted and approved through this process. forming this intergovernmental agreement and bypassing the bidding process the director of hfs in illinois says the modernization of this computer system is sped up dramatically and as much as $100 million are saved. alisyn? alisyn: mike, thank you for breaking all that down for us. >> reporter: you got it. jon: so western powers preparing for possible airstrikes on syria all over the suspected use of chemical weapons by the as saud regime. coming up a look at the political implications for president obama. plus a welcome distraction

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alisyn: fox news alert now on the political implications for the president as he weigh as decision on syria. his administration will be briefing congressional leaders today on possible military action. just yesterday the president said there's no doubt the syrian regime was behind the chemical weapons attack that killed hundreds of people in a damascus suburb. the remarks coming as the u.n. urges western allies to wait for findings of a team of inspectors investigating that alleged attack and that team is expected to leave syria on saturday. president obama saying yesterday he has not made a decision yet. nationalreview.online

editor-at-large jonah goldberg telling bret baier that the president's hesitancy says a lot. >> this is the most reluctant war i think we've ever seen a president get us into, whether it is, you know, a sustained war or military action, he clearly does not want to do this. alisyn: and walter pincus writing today in "the washington post" that syria is a no-win situation for the president. he says, quote, already critics have lined up. they say whatever military response he authorizes will expand the syrian bloodshed or have no effect at all on the assad regime. it will be the beginning of a greater u.s. involvement in syria's civil war, or if not followed up will encourage the syrians to use chemicals again. at home, obama faces lawmakers demands that he seek congressional approval for any action based on the 1973 war powers resolution. forget every power since, every president since has essentially paid lip service to its provisions. jonah goldberg is also a fox news contributor. and he joins us now.

hi, jonah. >> hey, it is great to be here. alisyn: so the general consensus here, the u.n., whatever its response will be toothless and somewhat futile in trying to stop assad but does president obama have some sort of obligation to at least make an attempt to go through the u.n. and consult the security council before moving ahead? >> well, look, certainly if you go by the standards that were set up by liberals during the bush years, he has got to. george bush got resolution 1441 from the united nations that could at least make the plausible case, meant, invading iraq was legal under international law. if he doesn't get approval from the u.n. security council then barack obama will be violating international law. it will be an illegal act of war. and, that doesn't mean i'm against it necessarily or that i think president obama should care one wit about approval from the u.n. i don't think the united states should care about the u.n. at all. i think that the idea that somehow we give a veto to china

and russia about the morality or efficacy or legitimacy of our foreign policy is bizarre but that is a system that liberals have been championing for a very, very long time including barack obama and the double-standards here are, you know, are just so daunting for the president, given what he had said about, you know, foreign policy when he was a candidate. that he is now going back on all of it and he is in a real pickle. alisyn: well, that is exactly right. so why would the president act unilaterally? just politically speaking, politically speaking, given his position in the past and given what he stands for, he says, why not then, you know, at least make the effort and go through the security council, even though everyone knows that russia and china wouldn't be on board? doesn't politically speaking he have to do that? >> i don't think he has to because liberals and antiwar movement will not be as tough on barack obama as they were on george w. bush. look, behind every double-standard is a single standard and the single standard

that we're operating under is simply that democratic presidents get an easier time than republican presidents do on a lot of these things. and, so i think that they would love to get a u.n. security council resolution and they know they will not get one and if you know you're not going to get one you should not try to fight too hard to get it. that is the similar problem they're facing with congress. there are reluctant to put this up for a vote because they wisely understand they may well not get a vote. then if obama does it anyway there will be huge controversy and if congress tells him he can't do it and agrees to do, agrees not to do it, then he looks even weaker and more feckless than he does now. alisyn: question quickly, jonah, you said something that i haven't heard elsewhere and it is chilling. you said something bad could happen if the assad regime crumbles too quickly. we have to be worried about that also. >> there is a serious worry that

al qaeda-tied rebel groups could then get control of chemical weapons and all these nasty weapons and then we would actually have to go in with boots on the ground to stop them from using them because they would use them in a heart beat. we would have to make sure that didn't happen. alisyn: it is so complicated politically and just geopolitcally. jonah goldberg, thanks for being here. >> thank you. jon: more on the top story, rising tension around the world on the crisis in syria, as the u.s. makes another move signaling a potential strike. the president of syria warns that his country will defend itself. we'll talk to major general bob scales what a military strike might look like if the president gives the go-ahead. plus drones are used in military stocks and police surveilance. there is a new use for them that could have them flying over your neighborhood. what's that all about? [ male announcer ] running out of steam? ♪

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jon: fox news alert on the escalating tension in syria. fox news learning a fifth u.s. navy destroyer is moving into position in the mediterranean at this hour joining four other u.s. destroyers ready for potential strike against the u.s. regime. russia, syria's close ally, reportedly sent two of its warships to the mediterranean as syrian president bashar al-assad warns his country will defend itself against any aggression. fox news military analyst, major

general bob scales joins us now. the news of the russian warships heading into the mediterranean, how ominous if at all is that, general? >> jon, well at this stage it is not terribly ominous. this appears to be part of a routine soviet warship exchange they go through periodically but that is not to say the appearance of two brand new soviet surface ships won't have an effect on the balance of power in the eastern mediterranean because, frankly, the navy never really expected to have two russian ships sailing around them as they, as a loose cruise missiles on the syrians, jon. jon: if bashar al-assad is threatening to retaliate there isn't much he can do against ships out at sea, is there? >> well that is not the real threat. the real threat he will use the syrian army's artillery or hezbollah to fire chemical weapons against the israelis in retaliation. maybe firing weapons against the

golan heights which you know the syrians consider to be part of their territory. and there could be a long term response of the syrians and hezbollah using terrorist acts against the united states overseas and perhaps even at home. remember, jon, for the united states, this is going to be a 24-hour war. for the syrians, this is a war that may well last decades so they have time. jon: you say, this is going to be, as though it's a fait accompli. are you fairly convinced the president is going to order some kind of a strike? >> well you may have noticed recently in congress and within the british parliament and other places, particularly among the american people that there's an enormous amount of pushback. this wave of resistance that seems to have sprung up over the last 24 hours with a lot of very smart and important people, particularly people in uniform, are asking themselves, tell me again why we're doing this? what's the strategic end? where are we going with this? war is the most unpredictable of

all human endeavors and this supposedly by the president is a shot across the bow. it is not, jon! it is an act of war. and tell me, pathways to war sometimes turn into highways to hello and nobody knows where this is going. jon: so, as you sit there, what is the objective? >>, i guess the objective as stated is to degrade the syrian air force with cruise missile strikes by striking his fighter planes, his helicopters, his weapon storage facilities, fuel tanks, command-and-control. perhaps cratering his runways with the hope of destroying the air force will somehow cripple the assad regime but that's not going to happen. jon: that is a bit of an ominous way to end this but we have to leave it there. major general scales, we'll have you back on scoon perhaps to finish the conversation. thank you. >> thank you, jon.

alisyn: and there's some new numbers out on the u.s. economy we want to bring you. the commerce department reporting that it grew at a 2.5% rate from april through june. the economy that is. that's much higher than earlier estimate and economists say they expect to see the same kind of growth through the rest of the year. jon: another economic report shows the number of americans filing for unemployment benefits dropped last week. the number went down about 6,000 to 331,000. however, experts say companies still are not hiring aggressively enougisyn: okay. so on those pretty positive notes it is time for our spotlight on small business. we talk with business owners and entrepreneurs who are surviving and even thriving in the current economic climate. our next guest is in the drone business. he helps law enforcement agencies across the country with aerial surveillance, search-and-rescue and disaster relief. now there is a new way to use the drones and it is being used

for something that probably bugs you. they will be helped to get rid of mosquitoes. fred is the ceo of condor aerial. good morning fred. >> good morning, alisyn, how are you? alisyn: how are your drones going to get rid of mosquitoes? >> that's what we're trying to find out. we went down to the keys and few the aircraft to the islands outside of the key chain and what they're looking for small pool of water where gestate larva to get a spray in there and get them killed before they become a mosquito. alisyn: people will be so thankful. there will be a tickertape parade for you in every summer community but let's talk about your small business, particularly in light of the numbers that we just saw, that the economy is growing, better than some economists predicted. how is your small business of six people i understand, how is it doing? >> it is. we're doing well. we sold out of systems two months ago and we're trying to keep up with demand right now. we're looking to bring on other individuals.

we're even talking about putting flight teams together that we can train so when somebody buys one of our systems they can actually employ the operators. alisyn: wow. do you think that that is your business specific or do you sense that there is a shifting in the climate right now and things are looking up? >> things are looking up for us. i don't know that the general economy has a lot of effect on what we're doing per se. but, it will have an effect on how many people we can employ. alisyn: well, that's great. fred culbertson, best of luck for you and get on those mosquitoes. >> thank you very much. jon: innovative stuff. alisyn: there you go. jon: jon: states that are not approving obamacare are finding ways to resist it as one lawmaker calls the implementation of the affordable care act a train wreck. political analyst, angela mcglowan weighs in on that. growing outrage after a judge makes comments about a

14-year-old rape victim that ended up killing herself. what the judge is saying now. [ male announcer ] these days, a small business can save by sharing. like carpools... polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing. hey, can i borrow your boat this weekend? no. [ male announcer ] share more. save more. at&t mobile share for business. ♪

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alisyn: brand new stories coming up next hour. three brand new teenagers are charged with a brutal beating on a school bus. that attack was caught on camera. we're live at the courthouse. crews are still battling massive wildfire at yosemite national park. we'll keep you updated on your progress. researchers turn to twitter for a study on faith. the correlation they found between religion and well-being

in a 140 characters or less. jon: "happening now", new troubles for obamacare. the affordable care act as it is officially known, meant to allow millions of uninsured americans to shop for health plans and apply for subsidies to buy them beginning october first. but the signing of the insurance agreements to do so just got delayed to mid-september, that is only the latest in a series of setbacks for the whole program, getting new reaction from republican senator lamar alexander of tennessee. he said yesterday, quote. i've been warning a train wreck is coming in this law. truth is no train wreck had this many warning signs. the coming as states you see highlighted in this map, reportedly finding ways to implement obamacare. some refusing to enforce consumer protections. others are restricting federally funded workers hired to help people enroll in coverage. advocates say resistance by some

states could hinder many of those uninsured to sign up. angela ma grew wan is a fox news political analyst and has thoughts on this i'm not sure i've seen a federal program rolled out with opposition from so many states? >> from so many opposition and delays and debating it. look, congress passed a law. the president signed a law. therefore it is the law. let's make it work. jon: the supreme court even basically endorsed the law. >> by making a rule on the individual mandate, but the administration has delayed provisions. john there has been 12 provisions that have been delayed. the bottom line, we need to stop debating it. we need to stop delaying it and stop the threats and fix it. this is what happens in washington, d.c. when you put politics over policy rahm emanuel said we have to get the bill through. nancy pelosi said we have to get the bill through. this is the president's legacy.

look what is happening to his legacy. jon: you would not be in favor of republican efforts to defund or saw, you say bring it on and bring it on in a way that works? >> right. the bottom line is, the president signed it into law. members of congress voted for it. they voted against it. it is the law. let's make it work, president obama and policy advisors and members that we elected both houses need to come together and make it work. we need health care, reform, jon, but we need the right reform. when you have delta air lines saying it will cost $100 million to implement. ups says they can not insure their spouses through their process, it's a problem. and the unions lobbied for this bill? there have been over 2,000 waivers for unions not to implement. this health care through, to their people. jon: well, okay, you've just, identified a number about problems. >> yes. jon: but you're also saying let's fix the bill, the law.

when there are some problems with it apparently, so many delays, where do you start? >> we have a process where you have committees, that can add amendments, that vote on amendments in boeings houses. you come up with something to augment the law. that is how our forefathers meant it. when you have the chief of irs saying in essence that he wants to keep his own health care. when congressional members and their staff receive some type of a subsidyies for health care but we have to take the health care given us or the irs can fine us, that's a problem. jon: to my that is one of the most falling things happened here. members of congress are saying we'll lose all sorts of good people if you foist obamacare on it. >> but they voted for us and basically americans are the ceo of america. and members of congress work for us. if the president works for us. jon: they voted themselves a nice fat federal package that

covers them. >> exactly. jon: that pays the bill. >> there is something wrong for this. all i have to say any member of congress that voted for it, and if we don't fix it during the midterm elections, americans are going to speak. jon: so you think that, that this ought to be allowed to, you know, pass into, well, it is already been passed into law. >> right. jon: it ought to be put into effect and let the president people who rammed it through. >> who exactly ramrodded through. member of congress from north carolina said they ramrodded it in and think did. when nancy pelosi says we have to pass the bill before we know what it is in the bill. i love politics and i love d.c., that is a bit dysfunctional and now we're seeing the fruits of their labor. but we can't continue to talk about defunding it, delaying it and they can fix it. jon: so many jobs these days are being created are part-time jobs. >> correct. jon: because full-time jobs, come with penaltys. >> correct. jon: or expenses under obamacare. >> the ceo, red lobster

supported president obama. gave him political action committee money. he is decreasing hours of people that work for him because it will cost his business more to actually give his full-time employees health care. jon: all right. >> this is not how our system is supposed to work. jon: a lot of shoes yet to drop. angela mcglowan, fox news political analyst. thankthank you. alisyn. alisyn: an update on the outrageous story. a judge is apologizing about remarks he made for a teenage rape victim. judge todd ball in montana came under fire for sentencing a former teacher to just 30 days in jail for having sex with a 14-year-old student. that student later killed her see. the judge justified the reduced sentence saying that the victim was older than her chronological age and she was quote, as much in control of the situation as the teacher. the teacher is this man, 54-year-old, stacey rambold. an outraged community demanded

judge ball's resignation. now he is apologizing. >> in the rambold sentencing i made references to the victim's age and control. i'm not sure just what i was attempting to say at that point but, it didn't come out correct. what i said was demeaning to all women, not what i believe in. and, irrelevant to the sentencing. i owe all of our fellow citizens an apology. alisyn: but judge baugh is standing by the sentence he handed down. he said he will not resign despite the backlash but will add an addendum to the court file that will better explain that sentence. jon: tough explanation. well you know you are supposed to eat your greens, mom always told you that. but a new study shows broccoli in particular might help millions of americans suffering from a very common ailment. we'll explain. lots of people could make alternative lunch plans today as

fast-food workers go on strike in places across the country. we'll tell what you they are demanding.

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tampa, boston and new york. according to 9 organizers, workers are demanding higher pay at $15 an hour, less than double the average nine bucks or so that they make right now. plus they want the right to unionize. and they say many fast-food workers are actually parents that their wages put nearly six out of 10 of them at or below the poverty level and the fast-food industry pays executives at its parent companies handsome compensation well into the seven figures. now the problem is, automation. low skilled jobs, technological change as well as a decline of unions, all have played a part in this controversy. also the companies say that profit margins, at the fast-food franchisers are razor thin. so much so that higher wages will put the companies, the

franchisees out of business, costing workers their jobs. now the national restaurant association, this is a trade group of fast-food chains, it says the restaurant industry provides 13 million americans with jobs and many of those jobs are part-time positions but half of the workers are college students and that the companies do provide opportunities for workers to rise through the ranks. so we're all tracking two dozen cities where the protests are breaking down. we'll watch this developing story throughout the day. i will give it back to you, alisyn. alisyn: we'll look for an update from you, emac. mack daddy, whatever you go by. >> reporter: there you go. sure. jon: i have to brown-bag my own lunch i guess? alisyn: i think you do today until it all sorts itself out. jon: or you can pack one for me. alisyn: okay. tomorrow. jon: an incredible day for brave kids forgetting their battles with cancer, jumping in for a swim with dolphins. one of the trainers ad seaworld is a cancer survivor herself. xi wanted to welcome a dozen

young patients for an afternoon to take their mind off the struggle. some of the parents were overwhelmed watching their children have so much fun at the park. they will have a walk to raise money for the hospital where these kids are being treated. >> that is great. we're following developments on the big store on the crisis in syria. u.s. navy destroyers are in position. syria vows it will defend itself and other middle east countries are gracing for attack. we have all the breaking details for you have. plus we all heard it. don't text and drive. now a state appeals court says someone who knowingly texas driver could also be held liable for any accidents. so details on that just ahead.

jon: three teenagers charged with a savage beating on a school bus, what prosecutors are asking for. we are live at the courthouse.

officials now say the flames from one of the worst fires in california history could burn for months. the latest in the fight against the rim fire near yosemite. and your mother was right to make you eat those veggies. what chronic life-altarring disease could be helped by broccoli. ♪ ♪ jon: and there are breaking developments on the crisis in syria now with new warnings from bashar al assad talking tough to our president with reaction pouring in from around the world as we await a key intelligence briefing ahead of any military action. hello, i'm jon scott. alisyn: great to be with you, welcome to the second hour of "happening now," i'm alisyn camarota. the drum beat of war is growing louder as we get word that a fifth u.s. navy destroyer is moving into position in the mediterranean, and president obama vows to send a strong signal to syria for its apparent

use of chemical weapons against its own people. bashar al assad firing back saying his country will defend itself, so fox's leland vittert is following all of the breaking developments live in jerusalem. the middle east is interpreting all of this chatter about what's going on about a possible attack. >> reporter: ali, in the middle east actions speak much louder than words, and there's a lot of concern that every day, almost every hour that goes by where there is talk of a strike but no actual strike is time the syrians have to move whatever the united states was going to hit on their target list away from the bases that they were going to hit it at. secondly, there's a concern that the growing rhetoric here from turkey who's put its military on standby, from the russians who are moving destroyers into the mediterranean as well, from the iranians who are threatening to rain fire down on israel that eventually somebody's going to make a promise that they're going to end up living up to, meaning this could turn into a

much larger regional war. the united kingdom, for its part, is taking a little bit of a step back. today they announced that they were not interested in participating in a military strike until the u.n. inspectors finished their job. today in damascus the inspectors were out at a site of one of the alleged chemical attacks to collect samples, those kinds of things, see if they can figure out exactly what type of gas was used. they conclude on saturday, then would have to issue their report. the one thing that everyone assumes will be missing from that report is it may say what type of gas was used, very unlikely they're going to be pinpoint a culprit, meaning either blame the regime or the government like the united states has. ali? alisyn: well, that would make it more complicated, obviously. congressional leaders are looking for real evidence of who did it, but meanwhile, jerusalem is your backdrop there, leland, so what's the feeling there? is there tension? >> reporter: tense but kind of a calm tension. i don't think there's panic here yet, but there are long, long lines at gas mask distribution

centers. obviously, israel would be a main target for president bashar al assad if he decided to retaliate. the iranians have already promised that tel aviv and israel will burn if there is a strike on syria and, obviously, syria has chemical weapons, so gas masks are in high demand. the other thing we're seeing is the israelis are quietly moving around their defensive weapons systems including the iron dome missile defense system, the patriot misis sill defense system and putting their reserve troops on standby, ready to be called up in the event they're needed. leaders say we don't think this is going to happen, but we are prepared if it does. alisyn: makes sense. thanks so much for the update. jon? jon: let's go a bit more in depth. should the u.s. take action against syria or not? some foreign policy experts argue we should just stay out of that fight because the civil war amounts to a battle between president assad and al-qaeda. enemy against enemy. peter brooks, senior fellow for

national security affairs at the heritage foundation and a former cia officer, joins us now. do you see it that way? is it assad versus al-qaeda, peter? >> well, that is going on. it's assad versus al-qaeda, the islamists, but i wouldn't say i would necessarily describe it the way you described it. people saying it's just that we're talking about here, jon. there's a lot of things at play here. fist, you have your moral and ethical srgses, your national security considerations. what's our policy in syria, what's our strategy and what happens after you do a strike? so there's a lot of things that need to be thought through here, and they need to be thought in great depth. and considering what happens down the road, the effects outside of the middle east. so i'm not convinced, the administration has not presented me with a case yet that it's a good idea to put american forces in harm's way. but i want to hear more of what they have and what they know. jon: bashar assad is in power in large because he has a couple of

powerful supporters, namely the mullahs in iran and also the government of russia. they are not going to stand idly by and just let him fall, are they? >> well, it's not clear what they're going to do. iran certainly isn't. they already have forces there, hezbollah's also involved in syria, russia has deployed warships. i don't think russia wants to have a knockdown, dragout fight with the united states over this, but they're also posturing just like the united states is posturing about these sort of things. so, yeah, there's a lot to consider, relationship with china. russia and china are not going to support us at the u.n. security council. under what sort of mandate is the also mentioner going to take -- administration going to take action? is it going to act unilaterally? is it going to go under a nato mandate, try to do something at the u.n.? like i said, there's so many questions that need to be answered by this administration before they take military action. jon: we are looking at a possible map of targets in syria, air bases which presumably would be within range of cruise missiles, the united

states could potentially take out much of the air force of bashar al assad. is that, is that worth doing, peter? i mean, if you take out his aircraft, maybe crater the runways to prevent them from being used by anything but helicopters, is that worth doing? >> well, the question, jon, is what's the objective? what's your end state? what are you trying to achieve here? you don't want this to be a feel-good exercise. you don't want this to be eye wash, you know, for the obama administration's failed policies over the last two and a half years that has led to 100,000 people per riching. you know -- perishing. you have to have a strategic objective that protects and advances american interests. sure, you can take out those runways, but then you create somewhat of no-fly zone. what about the opposition? who are we supporting? we talked about sending arms to some rebel groups. that hasn't happened. do you want this to turn into an islamist state? into an al-qaeda state?

if, you know, you take down the government? the problem is, jon, no comprehensive policy. they're just kicking the can down the road, and this is just the latest example of trying to set a marker, make themself look strong, but the problem is that the middle east and elsewhere sees us extremely weak. and there's a tremendous lack of american leadership in the world today under this administration. jon: well, they say we look weak, but if you take a look at some of the assets that we have off the coast of syria, for instance, we have an awful lot of warships out there in the mediterranean. does that mean that if we don't use them, if we just move out, move those ships out without doing anything, does that make us look weaker? >> well, perception is reality, right? now, and if you use those things, that changes the calculus, obviously, of people because we are the world's preeminent military power. but if you really don't want to use your power, then it's of no use, and it doesn't create the sort of perception of strength that you want it to. you know, these are important

tools for, of national instruments of national policy. and once again if you don't use them, then, obviously, people will wonder if you ever will use them. so that creates the perception that you may not want to create. jon: peter brooks, senior fellow for national security affairs at the heritage foundation. peter, thank you. >> thanks, jon. alisyn: new developments in a brutal bus beating that was caught on tape last month in florida. the three teenage suspects are appearing in court today, and they are accused of viciously beating and kicking a 13-year-old classmate. phil keating is live in clearwater, florida, with more. >> reporter: hi there. that video, of course, went viral on the internet, seen by people all around the world to the apparent embarrassment of at least the three boys' parents. and moment ago two of the three 15-year-olds arrived here at the pinellas county courthouse with their parents or grandparents. the first to arrive was lloyd,

15 years old as is julian mcknight who walked in with his father. neither of the boys said anything to me, and julian mcknight's father said very little. >> hi there. good to see you again. julian, can you tell me anything now? how are you holding up with all this? >> holding up. getting through it. >> reporter: each of the kids is charged with aggravated battery. they are due upstairs in court in about 45 minutes from now. prosecutors plan to play in court for the judge to see the entire school bus camera videotape, allegedly showing joshua redden, julianne and lloyd pummeling a 13-year-old boy on the bus. police say it was retaliation for the victim telling teachers two of the suspects had earlier tried to sell him pot. prosecutors say only playing this tape in court will allow

the judge to fully grasp the violence that happened. last night i spoke with the victim's grandfather on the phone who told me, very tearfully, that's my grandson. he didn't do anything to deserve that. no kid does. that's just wrong, bad, bad, bad. he's doing pretty good, he doesn't understand why this happened. as for the possibility of nine months' probation being the punishment for these 15-year-olds, the grandfather told me, quote: i think it's disgusting. when i confronted all three of the suspects last time they were in court two weeks ago, none of them would say anything, not even i'm sorry. as for the 13-year-old victim, he tried going to the school bus stop for the first day of school this past monday or the monday before, and according to his grandparents he had to turn around and walk back home because he could not force himself to once again climb onboard a school bus. in fact, he he has now transferd schools, and his grandmother drives him both ways. they could be, the three suspects could learn their

punishment today only if be they enter a plea. they had indicated two weeks ago they wanted to enter no contest, but it's still unclear whether the judge will allow that to be their plea. we'll have the latest at the top of the hour. alisyn: yeah. you can only imagine how traumatic it must be for him to even see a school bus, much less get on it. watching that tape is hard to stomach. >> reporter: he's still scared. alisyn: yeah, i bet. jon: you can understand why. unequal unemployment as a small group of out-of-work americans gets some very special benefits. why? we're live with that story. plus, we all know the dangers of texting while driving. many states have strong laws against doing it, but what if you're the person who sends a text that a driver is looking at and then has a crash? one state says that person could be held responsible too. is that fair? our legal panel weighs in. ♪ ♪ ♪

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jon: the unemployment debate heats us we learn about a small group of laid-off workers getting special benefits that others do not. the program designed to help those who lost jobs overseas. dan springer live from seattle with more. all right, so, dan, explain this. why are some unemployed workers getting more benefits than others? >> reporter: well, you hit it on the held, there's a little-known federal program called the trade adjustment assistance. it's been around since 1974, but the benefits got more generous under president obama in 2009. it allows people who can prove their jobs were sent to a foreign country up to two and a half years of unemployment pay. 800 boeing workers were just added to the program which all of last year had about 80,000

people in it. now, these workers are also entitled to more job retraining, reimbursement for travel to job interviews wherever they are, moving expenses and health care. >> it's not a golden parachute. nobody wants to lose their job due to jobs going overseas. it basically is a transition program that puts them into another career. >> reporter: so 80,000 people in the program, and last year it cost taxpayers $1.4 billion, jon. jon: wow. so who opposes this kind of a program? >> reporter: well, you know, right now we have five million long-term unemployed americans, that's people who have been out six months or longer, and we found plenty of jealousy amongst those people who were not getting this big safety net. we spoke with a single parent who will see his unemployment benefits run out very soon, after one year, but there are other critics -- mainly conservatives -- who say the taa simply doesn't work. the heritage foundation it

amounts to a net negative of $53,000 per participant. >> the average person who gets training under taa gets one and a half years of job training, and for that they earn less than similar people, they exhaust the unemployment benefits, and they're less likely to find work. >> reporter: and the taa is set to expire at the end of 2014. jon? jon: dan springer live in seattle, thanks. alisyn: meanwhile, the obama administration is set to brief congress on syria as lawmakers demand to be kept in the loop on any retaliation for the assad regime's use of chemical weapons. a.b. stoddard is going to weigh in on that next. and crews are settling in for a long battle against the massive wildfire at yosemite national park. why firefighters say the flames could take months to put out. ♪ ♪ the great outdoors...

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alisyn: right now congress is awaiting y intelligence briefing on syria as lawmakers push to be kept in the loop about the justification for any military action in retaliation for the assad regime's apparent poison gas attack against its own people. more than 100 house members are demanding that president obama get congressional authorization before the u.s. launches any strike. joining us now to discuss this is a.b. stoddard, associate editor and columnist for "the hill." >> hi, how are you. alisyn: it sounds like congress feels decidedly out of the loop with the president's decision making. doesn't the president need congressional authorization before making any military moves? >> well, this is -- it depends

on whose interpretation of the war powers act you're talking with. people in the administration believe they are only required under it to consult with the congress, and there's been some initial consultation which house speaker john boehner described as not adequately substantive. what they're going to have in this teleconference, they hope, will be adequate consultation. but it's not likely they're going to seek authorization and approval from the congress. it looks like when inspectors leave on saturday and the president then leaves to go overseas on tuesday, there's going to be this window when it's likely to occur. congress, as you know, is coming back next week x. even if a vote was held, there's been an acknowledgment among republican congressional leadership sources that it's not likely that that vote would even succeed. so it looks like the president is facing opposition not only from democrats and his own party, but from republicans alike and that he plans to proceed without them. alisyn: and explain that, a.b.,

if you can. why would the president, politically speaking, want to go it away? >> well, politically, it's terrible for him to go into a unilateral operation without an international coalition of allies. right now you have, obviously, no consent from the united nations because they won't be able to get a security council resolution because the chinese and the russians are not going to come onboard to actually go it alone at home without congressional authority and approval, no ownership and buy-in and backup from members of the two parties is going to be very difficult once the strikes begin and we see the consequences, many of them unintended, obviously, of the strikes. there might need to be further, additional strikes depending on what happens in terms of retaliation -- alisyn: right. >> and whether or not they actually are able to degrade any kind of weapons, supplier capability in syria. so it's, it is a risk, a huge

risk he's taking and he knows it to try to go forward not only without an international coalition, but without support at home. alisyn: right. so, again, my question, why would he do it? why would a president known for being pretty deliberative, why would he go it alone? doesn't going to congress give him cover politically? >> right. president obama, as you know, has a poor relationship not only with members of the republican party in congress, but with members of his own party, and his top advisers will probably admit that to really foster adequate relationships in the congress. you know, in times of foreign crises, these are when you really need to have them, especially with members of the opposite party like republicans who traditionally support this kind of intervention, or have in the past. so this is very tricky for president obama. if you look at the critics of this air strike or even someone like john mccain will be saying this is too little, too late or dangerous because it could cause other problems.

you know, you're really looking at, i think, a decision on the administration's part that it is too late, they should have done things sooner. they didn't do anything after the first chemical attack, but they simply had to do something. it's likely too late if you listen to critics on both sides. but i think he found himself literally in a corner where he had to do something because his waning credibility in the middle east is becoming such a dangerous situation for our allies like israel, etc., that he felt he had to do something. and the question is, will it be enough and will it work. alisyn: a.b. stoddard, thanks so much for giving us that insight. >> are thank you. alisyn: meanwhile, we want to remind you to check out fox news politics.com by logging on and signing up. jon: there are some discouraging new reports about that massive wild five we've been telling you about raging in california. inside and outside yosemite national park. why it could take months to put

out what's called the rim fire. and if the texts that you send causes a driver to crash, in one state you can be held responsible. is that fair or out of line? our legal panel debate, coming up.

alisyn: firefighters are slowly making progress on the massive wildfire that's burning at yosemite national park, but we're told it could still be

weeks before it is under control. the rim fire now roughly the size of new york city with just 30% containment. fox's claudia cowan is live from california. so, claudia, we understand that crews are now using drones to help fight the fire? >> reporter: they are, that's right. you know, firefighters are using every resource available to help them fight this massive wildfire in the california national guard's predator drone can actually spot fires that crews on the ground can't see burning there in the remote, rugged canyons. thick smoke in the mornings have also grounded the water-dropping helicopters and the air tankers. well, that drone can provide realtime information about where to conduct those drops once the smoke clears, typically at around noon. the dirty air is making life tough for firefighters and residents. >> we advise citizens to, you know, don't do your normal outdoor activity, wait til the evening. in fact, all the schools in this county are still closed due to

the smoke conditions. >> so many people when we were in school were having asthma attacks, it was terrible. it was really scary because they would actually open up buildings so that kids could just be inside. >> reporter: well, the good news here, making progress. they now have that fire 30% contained and hope to have a line completely around this fire in about three weeks thanks to the cooler temperatures and lighter winds. but, just keep in mind this is one of eight wildfires burning right now in california. alisyn: oh, my gosh, it seems overwhelming. what do we know about how fast the fire grew? >> reporter: well, we have some comparison maps to show you. take a look at this. now, the map on the left shows the fire last wednesday on august 21st. you can see how big it was then, but take a look at the map on the right which came out yesterday. you can see it just exploded in the span of a few days, more than 92,000 acres. the rim fire is now the sixth largest wildfire in california state history.

at 301 square miles, it is rough size of new york city. alisyn: oh, my goodness. claudia wowen, thanks -- cowen, thanks so much for the update. jon: showdown in the united nations over syria with the fife permanent members of the security council set to meet just hours from now as the secretary general calls on the west to delay any military action until u.n. weapons inspectors can present their findings. eric shawn is streaming live from the united nations with more. eric? >> reporter: yeah, jon, that meeting of the security council now called at six hours from now, 6:30 eastern time. it is a follow-up to yesterday's fractured meeting, changes in language that were made to the british resolution, sent it back to the world capitals such as moscow and wait for the bosses, basically, to answer back for the meeting later on that we are waiting for. this comes as we now learn that the u.n. inspections team, the

chemical team in damascus will be heading back sooner than first thought, and some here believe that could pave the way for a possible attack. the 15 members of the chemical team, thosement thosement thosen the ground for a third day at the site of the alleged chemical attack on august 21st. we're told they've been taking some samples of the dirt and other evidence from there. those samples will then be sent to laboratories around the globe to be analyzed with the results of those samples and the analysis may not come back for a week or so. and this comes as the security council remained invited after yesterday's meeting. russia and china threatening a veto if there's any possible military action. they want the security council to wait for the inspectors' report. secretary general ban ki-moon who is in vienna is i now flying back here to u.n. headquarters, that signals the new urgency and tension here at the u.n. >> we'll continue investigation activities until tomorrow, friday, and we'll come out of

syria by saturday morning, and we'll report to me as soon as they come out of syria. >> reporter: and the united states ambassador to the united nations, samantha power, has basically blamed the security council for this crisis getting to this point right now. yesterday she tweeted this. quote: >> r eporter: and the administration has indicated that it will not need for wait for a united nations security council resolution for any possible military strikes. so right now we're waiting for this meeting to start at 6:30 today. diplomats gathering later on this afternoon, seeing what they will come up with. back to you in the studio.

jon: nothing moves quickly at the united nations, or so it seems. thank you. alisyn: meanwhile, british prime minister david cameron giving a passionate speech to parol ament and pushing for a vote on the u.k.'s response to the chemical weapons attack in syria. here's some of what he said. >> it is not about taking sides in the syrian conflict, it is not about invading, it is not about regime change or even working more closely with the opposition. it is about the large-scale use of chemical weapons and our response to a war crime, nothing else. alisyn: fox's amy kellogg is live in london with more on this. hi, amy. >> reporter: hi, the british prime minister calling for some sort of powerful response to the chemical attack in syria. he called parliament back here from vacation early, and today there was supposed to be a decisive vote to authorize pretty much immediate military action in syria.

but just yesterday in the 11th hour that plan got completely watered down due to pressure from the opposition, and what's going on behind me is a different beast altogether. the debate will, at most, at some point today, lead to a vote in principle, but only after the u.n. inspectors' findings are in about that august 21st chemical attack in the outskirts of damascus and after all of this has been taken up by the u.n. security council. if britain, with others possibly, decides to go it alone outside of the security council, then another vote would have to be taken here before any possible military strikes could be launched. all of this caution stemming largely from the fact that the specter of iraq and the lack of weapons of mass destruction being found there still hangs heavily on the legacy of former prime minister tony blair. >> i'm determined we learned the lessons of the past, including iraq, and we can't have the

house of commons being asked to write a blank check to the prime minister for military action. >> reporter: now, a couple of other things to come out today from the u.k. government. first of all, david cameron, the prime minister, has said that there is a legal case for military action even outside of the united nations security council if that action were limited in scope and dealing particularly with the humanitarian situation, protecting human lives in syria. and then also some intelligence made public saying more or less that u.k. finds it very likely, highly likely that the assad regime was behind the chemical attack. but there's a lot of public opposition to any military action here. a poll recently shows opposition 2-1 against strikes in syria. alisyn: yeah. it's complicated here at home as well. amy kellogg, thank you for that update. jon? jon: did you know you can get busted for texting while driving

even if you are not the one behind the wheel? a new jersey court has ruled that anyone who knowingly texts a driver could be held liable if that driver crashes. is that fair? let's bring in our legal panel today, esther panich, fred tecce is a former federal prosecutor. all right, let me wrap my mind around the this, fred, if i can. this applies, this ruling comes out of a new jersey case. a couple was on a motorcycle -- it's fairly well known case -- they were on a motorcycle. a teenage driver who was engaged in a text conversation with his teenage girlfriend, he slammed into them with his pickup truck. they lost parts of their legs, this couple did, and they sued. now an appeals court in new jersey has affirmed that if you knowingly text somebody who is behind the wheel and they get in an accident, you're responsible. is that fair? >> well, first of all, a couple things, jon. you know, i live in new jersey, and i have a new jersey driver's

license in my wallet, and i can tell you this was what's called an ea pill late division case. first of all, there's a national conversation that really has to deal with how we're going to deal with the intrusion of our live into this electronic, all the electronic devices. let's put that aside for a minute. all this court held, and it was dicta. because they let that young woman off the hook. if you have specialized knowledge or actual knowledge that the person receiving the text is going to read them -- not just get them, read them while they're driving -- that's reasonably foreseeable that that's going to distract them and cause an accident. i don't think it's such a huge leap, and i don't think it's going to stand. jon: esther, you don't live in new jersey, so let's say you text right now somebody who is living in new jersey, and that person gets in an accident. is new jersey going to come after you? >> it might, or the person who was injured has a right to sue me. i think this is a ridiculous law, and i think it's bad facts make a bad law.

we are sliding down the slippery slope at this point. we're not even -- there's no brakes, we're just going straightforward. it's no different than if i borrow my friend's sunglasses and then i forget to return them and i know she's driving and the sun's out, and she gets caught in a glare and gets into an accident, can those people sue me because it was reasonably foreseeable that she might be distracted because of the glare and the sun? i mean, this is, this can go on forever. i mean, these examples, this is just one i just thought of. there is no -- where is the personal accountability? the only person who is responsible for reading a text is the person behind the wheel who should not be reading a text while they're driving. you should not be able to blame someone else for your mistake. jon: fred, i know you have a couple of similar comparisons. >> well, i do, i mean, a couple things, you know how lawyers hate sliply slopes, but -- slippery slopes, but if i'm standing on the side of the road and i shoot a laser beam at a

car driver, it's reasonably foreseeable they're going to get distracted. we don't let strip clubs have open-airstrip -- open air shows, what's reasonably foreseeable? esther makes a great point about is the sunglasses, but is it reasonably foreseeable to believe that when someone doesn't have their sunglasses they're going to get glare, i don't think so. the bottom line is i don't think the new jersey supreme court's going to uphold this. this is an appellate division case that i plies in and -- applies in and around trenton. jon: new jersey is one of those states where if parents serve alcohol to somebody who then gets into an accident on the way home, they cannot be sued, right? >> they cannot. although it's interesting, i did a little further research, you can't sue your host, but if you're a third party who gets injured, that third person may

be able to sue the host which is kind of akin to this. but again, that was by legislation, and hopefully the new jersey legislature will take some action on this. jon: and also part of this, esther, is apparently the person who is sending the text has to know that the person receiving the text is behind the wheel. >> and reading. >> with it's not just know, it's know or should have known. >> no, no. >> so it's an extra burden. >> no, they specialize knowledge, they're actually reading the text while they're driving, that's what the opinion says. jon: well, again, personal responsibility seems to be going out the window. we'll see what the supreme court of new jersey decides if this case gets there, and you think it will, fred? >> i think they're going to have to take it. jon: all right. esther, fred, thank you both. >> thanks for having me. >> thank you. alisyn: and speaking of driving, jon, which u.s. city has the worst drivers in the country? there's a new study out with the hard numbers. plus, you know it's good for you, but now there's a new reason to eat broccoli. the very common ailment it might help cure.

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jon: all right, a look now at some transportation headlines. apparently, fewer americans are driving automobiles these days. the transportation department says vehicle use peaked in 2007. it dropped sharply during the recession, and it has been flat ever since. the number of miles americans are driving also down. allstate's releasing its annual best drivers report. who rules the road? northern colorado, where i lived for a very long time -- alisyn: of course. [laughter] jon: d.c. has the worst, drivers crashing nearly twice as often as the national average. and north korea forecasting a bright future in tourism. the director of the international travel company says the country will offer more international flights and open up the sector for foreign

investors. so go see north korea. alisyn: i would have thought it was massachusetts that had the worst drivers. i know. we were bonding about that. meanwhile, doctors may have found another reason for you to eat vegetables, suggesting the compound found in broccoli could help prevent or slow the progress of arthritis. dr. natalie azar is a physician at nyu's langone medical center. >> thanks for having me. alisyn: very quickly, what is arthritis? >> so broadly speaking when we talk about arthritis, we cat rise it as either inflammatory or non inflammatory. nonimprogram in story is osteoarthritis, degenerative arthritis, we all develop it to some degree as we get older. alisyn: which one does broccoli help cure? [laughter] >> well, broccoli help cure,

okay. the kind of arthritis in this particular study was osteoarthritis, but this was an animal model of arthritis. the study was not done in humans. if you think about what art its is, you're losing the cushioning between the bones, that's the cartilage. it starts to fray, it starts to become thin, and there are enzymes that are responsible for doing that. what they found is a particular substance in broccoli can inhibit those enzymes from causing that degradation or breakdown in animal cartilage. whether it works in humans, not sure, but it lends a little scientific credence to the ideas that there are such things as antiinflammatory foods. alisyn: by the way, i'm a big broccoli lover, so i'm not objective. how much broccoli are we talking about? how much did the mice have to eat, and how much would we have to eat to get these medicinal effects? >> unfortunately, we can't extrapolate and say that if you

eat a certain amount, you're going to get the same amount in the plasma as these mice did, but roughly speaking, it's about 100 grams of broccoli which is roughly 3-5 spears. you have to think about it in this way with. a good serving, we want to have three or four good servers of these fruits and vegetables every day. buss el sprouts, cauliflower, kale,rd greens, they elaborate this particular molecule, so it kind of goes back to what your mother said, you should eat your fruits and vegetables, and now we have one more reason that it can contribute to a healthy life. alisyn: absolutely. and they can't hurt you, they can only help. >> they cannot hurt you. alisyn: doctor, great to see you. >> thanks for having me. jon: we are going to cover all of the bases here. we've got your broccoli, taking care of your arthritis, and now this: can religion make you happier? what a fascinating new study

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♪ jon: right now, new research suggests religion is not only good for your soul, it's also good for your overall well being. researchers scoured social media to examine messages from christians versus atheists. chief religion correspondent lauren green joins us now with how that all turned out. >> reporter: hey, jon, who would have thought twitter could be a great source, but researchers at the university of illinois examined some two million tweets from thousands of followers of five prominent christians and atheists, like then-pope benedict vxi and "purpose driven life" author rick warren were analyzed

alongside tweets from followers of richard dawkins and the late christopher hitchens. researchers found that christians used more positive emotion words than atheists like love and happy and great rather than negative emotions like bad, wrong or awful. and that religious people have more intuitive rather than analytical styles of thinking. >> one of the reasons that christians are, as a rule, a happier, more contented, more fulfilled people is because we have objective meaning for life outside of ourselves. we believe that we were created for a purpose. >> reporter: but atheists counter that the study is flawed because not everyone measures happiness the same way. >> reality and skepticism and criticism are very positive things, and we tweet about it, and we like it. and this is the important thing to get across. atheists tend to like different things than religious people,

and we tweet about it more because it motivates us more. >> reporter: well, but those of faith say people are a combination of mind and emotion, thinking and feeling, and they use both to decide what makes them happy. guys? jon: fascinating. lauren green, our religious correspondent, thank you. alisyn: all right, well, we are just getting video of american jets at our base in turkey which, of course, borders syria, and officials say that they see no increased activity there. this as the u.s. navy is repositioning several vessels including five cruise missile-carrying destroyers in the eastern med mediterranean. so we are live with all of the breaking developments on the crisis in syria for you next.

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meeting. tens of thousands of people come together for the famous tomato fight. trucks holding hundreds of pounds of tomatoes and people pelt each other? >> i think that is a waste of perfectly good tomatoes, and i like them in a salad and not on me. there was a charge to take part in the festival and had to pay $13 if you wanted to throw tomatoes. >> they would have to pay me more than that. >> i think it would be a blachlt i can arrange that john. >> you will be here tomorrow. >> a lisyn sitting in for gena. >> no tomato. >> thank you for joining us. america live starts right now. >> it is the fox news alert. all eyes on washington, as we await the obama's administration

next move concerning to the cries cries. welcome to america live i am shannon braem in for megyn kelliy. the obama administration is weighing the options on the possibility of a military strike to punish syria's reportedous of chemical weapons. congressional leaders are expected to be briefed on the situation later today. recently as two daysing on, it appeared that the u.s. and allies were ready to act at and moment. but today world powers are walking back suggesting that a military strike is imminent. british prime minister cameron said it is unthinkable to support a strike if there is strong opposition in the un. they argue that the political so